19668 Federal Register / Vol. 72, No. 75 / Thursday, April 19, 2007 / Rules and Regulations 

Determination’’ is available in the 

docket for inspection or copying where 

indicated under ADDRESSES. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Regulations 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 017.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039. 

■ 2. Revise § 117.393(b) to read as 

follows: 

§ 117.393 Illinois Waterway. 

* * * * * 

(b) The draw of the Chessie Railroad 

Bridge, mile 254.1, at Seneca, Illinois, 

operates as follows: 

(1) The draw is normally maintained 

in the fully open position, displaying 

green mid-channel lights to indicate the 

span is fully open. 

(2) When a train approaches the 

bridge and the draw is in the open 

position, the train will stop, train 

operator shall walk out on the bridge 

and scan the river for approaching 

vessels. 

(3) If a vessel is approaching the 

bridge, the draw will remain open. The 

vessel shall contact the train operator on 

VHF–FM channel 16 and the train 

operator shall keep the draw in the fully 

open position until the vessel has 

cleared the bridge. 

(4) If no vessels are observed, the train 

operator initiates a five minute warning 

period on VHF–FM radio channel 16 

before closing the bridge. The train 

operator will broadcast the following 

message: ‘‘The Chessie Railroad Bridge 

at Mile 254.1, Illinois River, will close 

to navigation in five minutes.’’ The 

announcement is repeated every minute 

counting down the time remaining until 

closure. 

(5) At the end of the five minute 

warning period, and if no vessels are 

approaching the bridge, the train 

operator shall sound the siren for 10 

seconds, activate the alternate flashing 

red lights on top of the draw, then lower 

and lock the draw in place. Red lights 

shall continue to flash to indicate the 

draw is closed to navigation. 

(6) After the train has cleared the 

bridge, the draw shall be raised to its 

full height and locked in place, the red 

flashing lights stopped, and the draw 

lights changed from red to green. 

* * * * * 

Dated: April 3, 2007. 

J.R. Whitehead, 

Rear Admiral, U.S. Coast Guard Commander, 

Eighth Coast Guard District. 

[FR Doc. E7–7415 Filed 4–18–07; 8:45 am] 

BILLING CODE 4910–15–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

48 CFR Parts 731 and 752 

[USAID Acquisition Regulation Acquisition 

Circular (AIDAC) 2007–1] 

RIN 0412–AA60 

Various Administrative Changes to the 

USAID Acquisition Regulations 

(AIDAR) 

AGENCY: United States Agency for 

International Development. 

ACTION: Final rule. 

SUMMARY: The U.S. Agency for 

International Development (USAID) is 

amending its Agency for International 

Development Acquisition Regulation 

(AIDAR) to: Remove all references to 

Office of Personnel Management’s 

(OPM) obsolete Executive Service (ES–

6) as the contract employee salary 

threshold and replace with revised 

terminology; revise the Medical 

Evacuation (MEDEVAC) Services clause 

and provisions by deleting the 

requirement for contractors to purchase 

MEDEVAC services insurance through a 

USAID centrally awarded contract; 

remove clause 752.7016 FAMILY 

PLANNING AND POPULATION 

ASSISTANCE ACTIVITIES (AUG 1986); 

and update the title of Office of 

Procurement (OP) to Office of 

Acquisition and Assistance (OAA) 

throughout. 

DATES: This rule is effective July 18, 

2007 without further action, unless 

adverse comment is received by May 21, 

2007. If adverse comment is received, 

USAID will publish a timely withdrawal 

of the rule in the Federal Register. 

Submit comments on or before May 21, 

2007. 

ADDRESSES: Submit comments, 

identified by title of the Proposed 

Action, and RIN number by any of the 

following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Fax: 202–216–3395. 

Mail: U.S. Agency for International 

Development, Office of Acquisition & 

Assistance, Policy Division, 1300 

Pennsylvania Avenue, NW., Room 7.9–

18, Washington, DC 20523–0001. 

Instructions: All submissions must 

include the title of the proposed action, 

and Regulatory Information Number 

(RIN) for this rulemaking. Please 

include your name, title, organization, 

postal address, telephone number, and 

e-mail address in the text of the 

message. 

FOR FURTHER INFORMATION CONTACT: 

Carol Ketrick, Telephone: 202–712–

1382, e-mail: cketrick@usaid.gov. 

SUPPLEMENTARY INFORMATION: Public 

Participation: Because security 

screening precautions have slowed the 

delivery and dependability of surface 

mail to USAID/Washington, USAID 

recommends sending all comments to 

the Federal eRulemaking Portal or fax 

number listed above (all comments must 

be in writing to be reviewed). All 

comments will be made available for 

public review without change, 

including any personal information 

provided, from 3 workdays after receipt 

to finalization of action at http:// 

www.Regulations.gov. 

A. Background 

The AIDAR reflects agency policy 

regarding the maximum annual rate of 

personnel compensation for contractor 

employees. The threshold beyond 

which contract employees’ salaries 

require contracting officer approval is 

currently stated as being equivalent to 

OPM’s ES–6 level. In 2003, Public Law 

108–136 replaced the SES grade 

structure with a single, open-range 

‘‘payband’’; therefore, the use of the ES–

6 level as the threshold for contracting 

officer approval is no longer possible. 

USAID has established a new threshold, 

the ‘‘USAID Contractor Salary 

Threshold’’ or ‘‘USAID CST,’’ which is 

set forth in the agency’s ADS Chapter 

302 on Direct Contracting. The change 

to the AIDAR deletes all references to 

OPM’s obsolete Executive Service (ES–

6) level or ‘‘ES–6 policy’’ and replaces 

it with this updated terminology. 

Emergency medical evacuation 

services are for individuals involved in 

accidents or suffering a sudden illness 

at a time when adequate medical 

facilities are not available at post. 

USAID implemented AIDAR 752.228–

70 ‘‘Medical Evacuation (MEDEVAC) 

Services (Mar 1993)’’, Appendix D—

General Provision 25 ‘‘Medical 

Evacuation (MEDEVAC) Services (Jul 

1993)’’, and Appendix J—General 

Provision 21 ‘‘Medical Evacuation 

(MEDEVAC) Services (Jul 1993)’’ which 

required contractors use USAID’s 

central contract to purchase MEDEVAC 


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Federal Register / Vol. 72, No. 75 / Thursday, April 19, 2007 / Rules and Regulations 19669 

insurance for employees. The central 

contract incorporated a volume discount 

for these services, thereby saving 

insurance costs to the Agency. However, 

after more than ten years’ experience 

with the centrally-awarded MEDEVAC 

contract, we have concluded that the 

difference in rates the Agency obtained 

through the competitive contracting 

process and the rates the insurance 

providers were offering to the general 

public was negligible and that 

continuing the central MEDEVAC 

contract was no longer in the Agency’s 

best interest. USAID did not re-compete 

a new contract when the last MEDEVAC 

contract expired in 2003; therefore, the 

requirement is obsolete. The entire 

clause and general provisions are 

revised both to remove the reference to 

the USAID central MEDEVAC services 

contract and to update the language 

overall. 

The clause AIDAR 752.7016 FAMILY 

PLANNING AND POPULATION 

ASSISTANCE ACTIVITIES (AUG 1986) 

is removed and the section reserved as 

the clause was made obsolete by 

guidance issued under Public Law 105–

277 (FY 1999 Foreign Operations 

Appropriations Act). The Act 

established new statutory requirements 

for voluntary family planning projects, 

known as the Tiahrt Amendment. The 

Tiahrt Amendment has been included 

in all subsequent Foreign Operations 

Appropriations Acts and its 

requirements will be incorporated by a 

proposed rule at a later date. 

This document also amends the 

AIDAR to make editorial changes 

deleting all references to Office of 

Procurement (M/OP) and replacing with 

Office of Acquisition and Assistance 

(M/OAA). 

B. Regulatory Planning and Review 

This is not a significant regulatory 

action and, therefore, is not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

C. Regulatory Flexibility Act 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), USAID has 

considered the economic impact of the 

rule and has determined that its 

provisions would not have a significant 

economic impact on a substantial 

number of small entities. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the AIDAR do not impose 

information collection requirements that 

require the approval of the Office of 

Management and Budget under 44 

U.S.C. 3501 et seq. 

List of Subjects in 48 CFR Parts 731 and 

752 

Government procurement. 

■ For the reasons set forth in the 

preamble under the authority at Sec. 

621, Pub. L. 87–195, 75 Stat. 445 (22 

U.S.C. 2381) as amended; E.O. 12163, 

Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 

Comp., p. 435, the U.S. Agency for 

International Development proposes to 

amend 48 CFR Chapter 7 as follows: 

■ 1. The authority citation for 48 CFR 

parts 731 and 752 continues to read as 

follows: 

Authority: Sec. 621, Pub. L. 87–195, 75 

Stat. 445, (22 U.S.C. 2381) as amended; E.O. 

12163, Sept. 29, 1979, 44 FR 56673; 3 CFR 

1979 Comp., p. 435. 

PART 731—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

Subpart 731.2—Contracts With 

Commercial Organizations 

■ 2. Amend section 731.205–6 by 

revising paragraph (b) to read as follows: 

731.205–6 Compensation for personal 

services. 

* * * * * 

(b) Salaries and wages. It is USAID 

policy that if an employee’s base salary 

plus overseas recruitment incentive, if 

any (see AIDAR 731.205–70) exceeds 

the USAID Contractor Salary Threshold 

(USAID CST), as stated in USAID’s 

Automated Directives System (ADS) 

Chapter 302 USAID Direct Contracting 

(available at http://www.usaid.gov/ 

policy/ads/300/302.pdf), it will be 

allowable only if approved in writing by 

the contracting officer. The contracting 

officer shall only provide such approval 

after internal Agency procedures for 

review/approval of salaries in excess of 

the USAID CST in ADS 302 have been 

followed. USAID policies on 

compensation of third country national 

or cooperating country national 

employees are set forth in AIDAR 

722.170. 

* * * * * 

Subpart 731.3—Contracts With 

Educational Institutions 

■ 3. Amend section 731.371 by revising 

paragraph (b)(1) to read as follows: 

731.371 Compensation for personal 

services. 

* * * * * 

(b) * * * 

(1) The policies set forth in AIDAR 

731.205–6(b) are also applicable to 

contracts with a nonprofit organization. 

* * * * * 

PART 752—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Amend section 752.228–70 by 

revising the clause to read as follows: 

752.228–70 Medical Evacuation 

(MEDEVAC) Services. 

* * * * * 

Medical Evacuation (MEDEVAC) 

Services (JUL 2007) 

(a) Contractor must provide 

MEDEVAC service coverage to all U.S. 

citizen, U.S. resident alien, and Third 

Country National employees and their 

authorized dependents (hereinafter 

‘‘individual’’) while overseas under a 

USAID-financed direct contract. USAID 

will reimburse reasonable, allowable, 

and allocable costs for MEDEVAC 

service coverage incurred under the 

contract. The Contracting Officer will 

determine the reasonableness, 

allowability, and allocability of the costs 

based on the applicable cost principles 

and in accordance with cost accounting 

standards. 

(b) Exceptions. (i) The Contractor is 

not required to provide MEDEVAC 

insurance to eligible employees and 

their dependents with a health program 

that includes sufficient MEDEVAC 

coverage as approved by the Contracting 

Officer. 

(ii) The Mission Director may make a 

written determination to waive the 

requirement for such coverage. The 

determination must be based on 

findings that the quality of local medical 

services or other circumstances obviate 

the need for such coverage for eligible 

employees and their dependents located 

at post. 

(c) Contractor must insert a clause 

similar to this clause in all subcontracts 

that require performance by contractor 

employees overseas. 

■ 5. Amend section 752.7007 by 

revising the date of the clause and 

paragraph (b) to read as follows: 

752.7007 Personnel Compensation. 

* * * * * 

Personnel Compensation (JUL 2007) 

* * * * * 

(b) Reimbursement of the employee’s 

base annual salary plus overseas 

recruitment incentive, if any, which 

exceed the USAID Contractor Salary 

Threshold (USAID CST) stated in 

USAID Automated Directives System 


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19670 Federal Register / Vol. 72, No. 75 / Thursday, April 19, 2007 / Rules and Regulations 

(ADS) Chapter 302 USAID Direct 

Contracting, must be approved in 

writing by the Contracting Officer, as 

prescribed in 731.205–6(b) or 

731.371(b), as applicable. 

* * * * * 

752.7016 [Removed and Reserved] 

■ 6. Remove and reserve section 

752.7016. 

Subpart 753.3—Illustration of Forms 

■ 7. Amend Appendix D to Chapter 7 as 

follows: 

■ A. Revise Section 4, paragraph (e)(3). 

■ B. Revise Section 7, paragraph (k)(7). 

■ C. Amend Section 12, General 

Provision 4 by revising the heading and 

paragraph (b). 

■ D. Amend Section 12 by revising 

General Provision 25. 

The revisions read as follows: 

Appendix D to Chapter 7—Direct 

USAID Contracts With a U.S. citizen or 

a U.S. Resident Alien for Personal 

Services Abroad 

* * * * * 

4. * * * 

* * * * * 

(e) * * * 

(3) This Appendix applies the ‘‘USAID 

Contractor Salary Threshold (USAID CST)’’

policy in Automated Directives System 

(ADS) Chapter 302.3.6.8 to salaries for U.S. 

PSCs. Salaries in excess of the USAID CST, 

which is equivalent to the maximum rate for 

Federal agencies without a certified SES 

performance appraisal system, must be 

approved by the M/OAA Director in 

accordance with the approval procedures in 

ADS 302.3.6.8(e). This approval cannot be redelegated. 

* * * * * 

7. * * * 

* * * * * 

(k) * * * 

(7) The approval for any salary in excess 

of the ‘‘USAID Contractor Salary Threshold 

(USAID CST)’’, which is equivalent to the 

maximum rate for Federal agencies without 

a certified SES performance appraisal system, 

in accordance with approval procedures in 

ADS 302.3.6.8(e) as required in Section 

4.(e)(3); 

* * * * * 

12. * * * 

4. Workweek And Compensation (Pay 

Comparability Adjustments) (JUL 2007) 

* * * * * 

(b) Compensation (Pay Comparability) 

Adjustments. The PSC’s compensation shall 

be adjusted to reflect the pay comparability 

adjustments, which are granted from time to 

time to U.S. direct-hire employees by 

Executive Order for the statutory pay systems 

(usually in January). Any adjustments 

authorized are subject to the availability of 

funds and shall not exceed that percentage 

stated in the Executive Order granting the 

adjustment. Further, the adjusted 

compensation may not exceed the annual 

‘‘USAID Contractor Salary Threshold (USAID 

CST)’’, which is equivalent to the maximum 

rate for agencies without a certified SES 

performance appraisal system (or the 

equivalent hourly rate). 

* * * * * 

25. Medical Evacuation (MEDEVAC) Services 

(JUL 2007) 

(a) The PSC must obtain MEDEVAC service 

coverage including coverage for authorized 

dependents while performing personal 

services abroad. 

USAID will reimburse the total cost of 

MEDEVAC insurance to the PSC. The PSC 

must provide proof of coverage to the CO in 

order to receive reimbursement. 

(b) Exceptions. (1) A PSC and authorized 

dependents with a health insurance program 

that includes sufficient MEDEVAC coverage 

as approved by the Contracting Officer are 

not required to obtain MEDEVAC service 

coverage. 

(2) The Mission Director at the post of 

assignment may make a written 

determination to waive the requirement for 

such coverage. The determination must be 

based on findings that the quality of local 

medical services or other circumstances 

obviate the need for such coverage for PSCs 

and their dependents located at post. 

■ 8. Amend Appendix J to Chapter 7 in 

Section 12 by revising General Provision 

21 to read as follows: 

Appendix J to Chapter 7: Direct USAID 

Contracts With Cooperating Country 

Nationals and With Third Country 

Nationals for Personal Services Abroad 

* * * * * 

12. * * * 

21. MEDICAL EVACUATION (MEDEVAC) 

SERVICES (JUL 2007) 

* * * * * 

(a) The PSC must obtain MEDEVAC service 

coverage including coverage for authorized 

dependents while performing personal 

services abroad. 

(b) Exceptions. (1) A PSC and authorized 

dependents with a health insurance program 

that includes sufficient MEDEVAC coverage 

as approved by the Contracting Officer are 

not required to obtain MEDEVAC service 

coverage. 

(2) The Mission Director at the post of 

assignment may make a written 

determination to waive the requirement for 

such coverage. The determination must be 

based on findings that the quality of local 

medical services or other circumstances 

obviate the need for such coverage for PSCs 

and their dependents located at post. 

* * * * * 

■ 9. In Chapter 7: 

■ I. Remove the words ‘‘Office of 

Procurement’’ and add, in their place, 

‘‘Office of Acquisition and Assistance’’

each time they appear in the following 

locations: 

a. 701.105(c). 

b. 701.301(a) introductory text. 

c. 701.303(c). 

d. 701.470 (a)(2). 

e. 702.170–3(a). 

f. 702.170–10(a)(1)(i). 

g. 728.105–1(b)(4). 

h. 731.109. 

i. 731.770(a). 

j. 750.7109–1 

k. 750.7110–1. 

l. 752.247–70(c)(1). 

m. 752.7002(p)(1)(i). 

n. Appendix D to Chapter 7, Section 

12, General Provision 10, paragraph 

(n)(1)(i). 

o. Appendix J to Chapter 7, Section 

12, General Provision 9, paragraph (m). 

■ II. In addition to the amendments 

above, remove ‘‘M/OP’’, and add, in its 

place, ‘‘M/OAA’’ each time they appear. 

a. 701.105(c). 

b. 701.301(a) introductory text. 

c. 701.303(c). 

d. 701.470(a)(2). 

e. 701.470(b)(1). 

f. 701.470(b)(2). 

g. 701.470(b)(3)(i). 

h. 701.470(e). 

i. 701.470(f)(1). 

j. 701.601(a)(1). 

k. 701.601(a)(2) introductory text. 

l. 701.601(c)(2). 

m. 701.602–3(b)(2). 

n. 702.170–9. 

o. 705.502(a). 

p. 706.501. 

q. 709.403. 

r. 709.503. 

s. 714.406–3. 

t. 714.406–4. 

u. 716.303(c). 

v. 726.7005. 

w. 728.105–1(b)(4). 

x. 733.103–71(a). 

y. 733.103–71(c). 

z. 733.103–72(a). 

aa. 733.103–73(h). 

bb. 733.103–73(i). 

cc. 734.002–70. 

dd. 749.111–70(a)(1). 

ee. 749.111–70(b). 

ff. 749.111–71(b). 

gg. 750.7105. 

hh. 750.7109–1. 

ii. 750.7110–1. 

jj. 750.7110–2. 

kk. 750.7110–3 introductory text. 

ll. 750.7110–4. 

mm. Appendix D to Chapter 7, 

Section 4, paragraph (e)(3). 

Michael F. Walsh, 

Procurement Executive. 

[FR Doc. E7–7437 Filed 4–18–07; 8:45 am] 

BILLING CODE 6116–01–P 


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